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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116818
Experience:  20+ Years of Employment Law Experience
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An employee claimed he was injured on the job. After

Customer Question

An employee claimed he was injured on the job.
After multiple tests it was found he was not injured on the job but has a condition not work related.
My insurance carrier is insisting I offer light duty work. However, I do not have light duty work available and have had to replace the employee.
As an employer, I am not understanding the insistence of my insurance carrier to offer light duty work. Nor do I understand why my carrier won't deny benefits.
Should the employee not be collecting unemployment benefits instead of workers comp benefits?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he was not injured at work and the testing proved that, your insurance carrier should be cutting off workers compensation. However, the decision to pay workers compensation is ultimately the insurers, although you can object to them continuing to pay workers compensation based on the injury not being work related.

Unemployment is available only to employees who lose employment through no fault of their own and are able and looking for full time work. So if the employee is still injured and not able to take full time work they would not be eligible.

If you have less than 50 employees then you do not have to protect the employee's job for 12 weeks under FMLA and if you do not have limited duty positions available you need to terminate the employee.

If you terminate them then when they recover and are able to work again THEN they could apply for unemployment.